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Protection of designations of origin and geographical indications at national level
A designation of origin or geographical indication may be used to protect mineral waters, handicraft products and other products of non-agricultural origin whose resulting quality or characteristics are influenced by natural conditions or are linked to a defined geographical area by tradition, reputation or reputation attributable to the geographical origin.
Agricultural products and foodstuffs, wine, spirits and aromatised wine products may be registered and protected only at European Union level under the relevant regulations.
Application for a designation of origin or geographical indication
Registration of a designation of origin or geographical indication shall be applied for by means of an application, which must include an application for registration of the designation of origin or geographical indication on the prescribed form. The application may be submitted by an association or federation of producers or processors having legal personality, whatever its legal form or composition (hereinafter referred to as 'the association'), for a product produced, processed and prepared in the defined territory. A natural or legal person may file an application individually only if, at the time of filing the application, it is the only person who produces, processes and prepares the product in the defined territory (hereinafter referred to as 'the applicant').
An application for a designation of origin or geographical indication shall be filed with the Industrial Property Office of the Slovak Republic.
The application must contain:
- the wording of the designation of origin or geographical indication,
- the name, address, telephone number and e-mail address of the applicant,
- the geographical delimitation of the territory,
- the type of product,
- proof that the product originates in the defined territory,
- a description of the characteristics or qualities of the product which are attributable to the geographical environment concerned,
- a description of how the product was obtained or, where appropriate, a description of the original and invariable local methods of obtaining the product,
- the name and location of the establishment or establishments,
- the name, surname and business address of the applicant's authorised representative,
- the signature of the applicant.
Rights of holders of designations of origin and geographical indications
A registered designation of origin may be used by the holder of the certificate of registration of the designation of origin of the product or geographical indication (hereinafter referred to as the holder of the certificate of registration) and by the user of the registered designation of origin of the product or geographical indication (hereinafter referred to as the user). The holder of the registration certificate shall have the right to prohibit the user from using the designation of origin or geographical indication if the user designates a product by a registered designation of origin or geographical indication and the product does not have the characteristics or quality attributes of the geographical environment concerned or does not meet the requirements of the product definition. The holder of the certificate of registration or the user may indicate on the product that it is a registered designation of origin or a registered geographical indication. A registered designation may not be licensed for use under a licence agreement. No lien may be created on a registered designation. A registered designation of origin or geographical indication may not be transferred. The right to protection of a registered designation of origin or geographical indication shall arise from the date of its registration in the register. The duration of the right of protection of a registered designation of origin shall not be limited in time.